Annex B: Evaluation of the Use of "Notwithstanding" Authority

In FY 2003, the U.S. Government continued to use "notwithstanding" authority to respond to unanticipated needs and to provide assistance to the Eurasian states. While U.S. Government agencies have been careful to limit their use of "notwithstanding" authority for Eurasian assistance programs, this authority has given them the flexibility to carry out their respective missions in the difficult working environment of the Eurasian countries. Provided below are descriptions of uses of "notwithstanding" authority during FY 2003:

AGENCY

DATE

ACTIVITY

AMOUNT

USAID

Throughout FY 2003

Personal Services Contracts

Various

USAID exercised "notwithstanding" authority throughout FY 2003 to waive legislation prohibiting federal agencies from employing individuals under personal services contracts (PSCs) to work in Washington. Since USAID-Washington has substantial management responsibilities for Eurasian programs, it has been necessary for the Bureau for Europe and Eurasia to employ Washington-based PSCs, especially technical specialists, to ensure adequate program management.

AGENCY

DATE

ACTIVITY

AMOUNT

U.S. Department of State

Throughout FY 2003

Cooperative Grants

Various

Throughout FY 2003, the Humanitarian Programs Division of the Office of the Coordinator of U.S. Assistance to Europe and Eurasia (EUR/ACE) exercised "notwithstanding authority" to award non-competitive follow-on grants to the following U.S. private voluntary organizations (PVOs) to provide continued emergency and transitional assistance to the Eurasian countries: Counterpart International, CitiHope, United Methodist Committee on Relief (UMCOR), Heart-to-Heart, International Relief and Development (IRD), Project Hope, A Call to Serve, and the World Council of Hellenes. EUR/ACE uses "notwithstanding authority" to meet emergency needs on a real-time basis, providing critically needed emergency commodities to displaced and/or suffering populations in partnership with U.S. PVOs throughout the Eurasian countries.

AGENCY

DATE

ACTIVITY

AMOUNT

U.S. Department of State

Throughout FY 2003

International Narcotics and Law Enforcement police training

Various

Throughout FY 2003, in consultation with the U.S. Coordinator of Assistance to Europe and Eurasia (EUR/ACE), the Bureau of International Narcotics and Law Enforcement (INL) Affairs exercised "notwithstanding authority" to implement FREEDOM Support Act-funded programs that provide assistance to police forces in the former Soviet Union, which is generally prohibited by section 660 of the Foreign Assistance Act. These programs include support for counternarcotics efforts, procurement of equipment, basic police training, academy development and human rights training for police.

AGENCY

DATE

ACTIVITY

AMOUNT

U.S. Department of Homeland Security, Bureau of Customs and Border Protection (CBP)

Throughout FY 2003

Export Control and Related Border Security Program (EXBS)

Various

As the State Department's executive agent for significant portions of the EXBS Program and after consultation with the State Department, CBP exercised "notwithstanding" authority for the following:

expediting the procurement of radiation detection pagers for the Kyrgyz Republic;

awarding a contract for two foreign-national personal service contractors (PSCs) to work with the EXBS advisor in the Kyrgyz Republic. "Notwithstanding authority" was utilized to waive the competitive procurement procedures, award the PSC contracts for foreign nationals in the United States, and have the U.S. Embassy in Bishkek be designated as the paying office; and

expediting the awarding of a contract for resurfacing and repair equipment, fencing and related materials in Azerbaijan.

AGENCY

DATE

ACTIVITY

AMOUNT

U.S. Department of Homeland Security, Bureau of Customs and Border Protection (CBP)

Throughout FY 2003

Aviation / Interdiction Project

Various

As the State Department's executive agent for significant portions of the Aviation / Interdiction Project (A/IP) and after consultation with the State Department, CBP exercised "notwithstanding" authority for the following:

expediting procurement of vehicle for the A/IP advisor located in Uzbekistan. CBP purchased vehicle to provide the A/IP advisor with a reliable and safe vehicle to conduct A/IP activities in the Kyrgyz Republic and Uzbekistan;

expediting the procurement of Ukrainian Gurza boats for Uzbekistan under A/IP. Two patrol craft will enable Uzbekistani authorities to patrol the Amu Darya River, which constitutes the border between Uzbekistan and Afghanistan; and

awarding a contract for helicopters and simulators for the Kyrgyz Republic and Uzbekistan under the A/IP. The equipment will allow Uzbek and Kyrgyz Government aircraft to patrol their countries' borders.

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